2015 (3) TMI 437 - HC - Service Tax

Waiver of pre-deposit - Extended period of limitation - suppression or willful misrepresentation - Held that - Tribunal ought to have dealt with the specific contention of the petitioner with regard to the non establishment, by the 2nd respondent Commissioner, of the fact of wilful misrepresentation/suppression, while dealing with the contentions of the petitioner on limitation. - However, Tribunal has only directed the petitioner to pay an amount of ₹ 20 lakhs, out of the confirmed demand of ₹ 61,20,000/-. The amount required to be deposited works out only to 33% of the amount confirmed against the petitioner - interim order not to be interfered with - Decided against the assessee.

Summary

Issues: Challenge against conditional order of stay by Tribunal, Grounds of challenge regarding limitation period, Non-application of mind in Tribunal's order, Compliance with deposit conditions

The writ petition challenges the conditional order of stay, Ext.P4, issued by the 1st respondent Tribunal in an appeal against Ext.P1 order of the 2nd respondent. The petitioner contests that the Tribunal did not address the specific contention regarding the extended period of limitation invoked for service tax liability, as required by the Supreme Court's decision in Uniworth Textiles Ltd. v. Commissioner of Central Excise. The petitioner argues that the Tribunal did not consider the absence of findings on suppression or willful misrepresentation in Ext.P1 order, leading to a lack of application of mind in Ext.P4. The petitioner also highlights the Tribunal's failure to analyze its own decision in H.L.Passey Engineering Pvt.Ltd. v. Commissioner of C.Ex., which emphasized the need for a detailed examination of limitation issues.

Upon hearing arguments from both parties, the court notes that the Tribunal granted a stay subject to the condition of depositing Rs. 20 lakhs out of a confirmed demand of Rs. 61,20,000 against the petitioner. However, the court observes that there is no explicit finding in Ext.P1 order regarding suppression or willful misrepresentation to justify the extended limitation period. The court emphasizes that the Tribunal should have addressed the petitioner's specific contention on this matter. Despite this, the court refrains from interfering with Ext.P4, allowing the petitioner to pay the required amount by a specified date for compliance.

If the petitioner fulfills the deposit conditions by the given deadline, the Tribunal will proceed to hear the appeal on its merits. The writ petition is disposed accordingly, maintaining the deposit requirements outlined in Ext.P4 but allowing an extension for payment.